No. 18-1191

Carter Davenport v. Estate of Marquette F. Cummings, Jr.

Lower Court: Eleventh Circuit
Docketed: 2019-03-13
Status: Denied
Type: Paid
Tags: civil-procedure civil-rights davis-v-scherer due-process legal-authority money-damages qualified-immunity standing state-law state-law-authority state-official takings
Latest Conference: 2019-06-20
Question Presented (from Petition)

Whether a state official's qualified immunity defense to a claim for money damages necessarily fails if he cannot first prove that he had authority under state law to perform the challenged act.

Question Presented (AI Summary)

Whether a state official's qualified immunity defense to a claim for money damages necessarily fails if he cannot first prove that he had authority under state law to perform the challenged act

Docket Entries

2019-06-24
Petition DENIED.
2019-06-04
DISTRIBUTED for Conference of 6/20/2019.
2019-06-03
Reply of petitioner Carter Davenport filed. (Distributed)
2019-05-20
Brief of respondent Estate of Marquette Cummings in opposition filed.
2019-05-07
Motion to extend the time to file a response is granted and the time is further extended to and including May 20, 2019.
2019-05-06
Motion to extend the time to file a response from May 13, 2019 to May 20, 2019, submitted to The Clerk.
2019-04-09
Motion to extend the time to file a response is granted and the time is extended to and including May 13, 2019.
2019-04-08
Motion to extend the time to file a response from April 12, 2019 to May 13, 2019, submitted to The Clerk.
2019-03-11
Petition for a writ of certiorari filed. (Response due April 12, 2019)

Attorneys

Carter Davenport
James William DavisState of Alabama, Office of the Attorney General, Petitioner
Estate of Marquette Cummings
Paul Whitfield HughesMayer Brown LLP, Respondent